Created by Fuzzy Cloud

Patna High Court

Sonu Kumar Singh @ Sonu Yadav @ Sonu KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The appellate court set aside the order rejecting anticipatory bail and allowed the appeal, granting anticipatory bail to the appellants with conditions.

Summary

The appellants Sonu Kumar Singh, Chhotu Yadav and Amit Kumar appealed against the order of the District and Additional Sessions Judge rejecting their anticipatory bail under the SC/ST (Prevention of Atrocities) Act. The informant Ashok Ram alleged that the accused blocked his movement, assaulted him and, in particular, that Chhotu Yadav struck his son with a stick while using caste slurs, leading to an FIR. The appellants contended that only Chhotu Yadav was responsible and that they were falsely implicated. The High Court observed that the principal offence of caste-based assault was attributable to Chhotu Yadav and that the other accused did not merit denial of anticipatory bail. Consequently, the Court set aside the lower court’s order, allowed the appeal and granted anticipatory bail subject to strict conditions regarding bond, sureties, cooperation with investigation and non‑interference with witnesses.

Issues considered

  • Whether the appellants are entitled to anticipatory bail under the SC/ST (Prevention of Atrocities) Act despite the FIR alleging assault and caste-based insult.
  • Whether the lower court erred in assigning an omnibus role of assault to the appellants other than the principal accused.

Legislation cited

Subjects

  • anticipatory bail
  • SC/ST (Prevention of Atrocities) Act
  • caste based assault
  • bail conditions
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.3504 of 2025
                          Arising Out of PS. Case No.-13 Year-2025 Thana- SC/ST District- Buxar
                 ======================================================
           1.     Sonu Kumar Singh @ Sonu Yadav @ Sonu Kumar Son of Bihari Yadav
                  Resident of Village- Taranpur PS -Rajpur District- Buxar
           2.    Chhotu Yadav @Manjit Kumar son of Jami Yadav Resident of Village-
                 Saranaw, Ps- Rajpur, dist- Buxar
           3.    Amit Kumar son of Srikant yadav @ Shrikant Singh Resident of Village-
                 Trilochanpur, Ps- Rajpur, Dist- Buxar

                                                                                     ... ... Appellant/s
                                                         Versus
           1.    The State of Bihar
           2.    Ashok Ram son of Late Vakil Ram Resident of Village- Bhaluha, PO-
                 Hethua, Rajpur, PS- Rajpur, Dist- Buxar

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s       :       Mr. Satyapal Singh, Advocate
                 For the State             :       Mr. Usha Kumari 1, Spl. PP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

4   23-02-2026                    Heard the parties.

                                2. This appeal has been filed for setting aside the

                   order dated 22.07.2025 passed by the learned District and

                   Additional          Sessions    Judge-1st–cum-Special            Judge         SC/ST

                   (P.O.A.) Act in connection with SC/ST Buxar P.S. Case No. 13

                   of 2025 registered for the offence punishable under sections

                   126(2), 115(2), 118(1), 109, 352, 351(2) and 3(5) of the B.N.S.

                   and section 3(i)(r)(s) and 3(2)(va) of the SC/ST (P.O.A.) act

                   whereby the prayer for anticipatory bail of the appellant has

                   been rejected.
Patna High Court CR. APP (SJ) No.3504 of 2025(4) dt.23-02-2026
                                             2/4




                       3. There is no appearance on behalf of the informant,

          notice has been validly served and duly signed by the informant

          Ashok Ram.

                       4. As per the prosecution story, the informant alleged

          that without any provocation the accused persons blocked his

          movement and assaulted. Allegation against Chulbul Yadav is

          of giving Tangi blow on the head of his son while taking caste

          name and when the villagers came to the rescue, they escaped.

          His son was taken to Primary Health Centre, Rajpur and then

          referred for better treatment. This led to the F.I.R..

                       5. Learned counsel for the appellants submit that a

          perusal of the F.I.R. would show that though presence of the

          appellants have been shown, allegation of assault and taking

          caste name is on Chulbul Yadav, these appellants have falsely

          been implicated.

                       6. Learned Spl. PP opposes the prayer submitting that

          their presence have been shown.

                       7. Considering the submissions of the parties as also

          the fact that the main role is against Chulbul Yadav, even the

          caste name was taken by him, these appellants have been

          assigned omnibus role of assault, in that background, this Court

          is inclined to extend them the privilege of anticipatory bail.
Patna High Court CR. APP (SJ) No.3504 of 2025(4) dt.23-02-2026
                                             3/4




                       8. The impugned order dated 22.07.2025 passed by

          the learned District and Additional Sessions Judge-1st–cum-

          Special Judge SC/ST (P.O.A.) Act in connection with SC/ST

          Buxar P.S. Case No. 13 of 2025 stands set aside and the appeal

          is allowed.

                       9. Let the appellants, named above, in the event of

          arrest/surrender within a period of eight weeks from the date of

          receipt/production of a copy of this order, be enlarged on bail on

          furnishing bail bond of Rs. 10,000/- (Ten thousand) each with

          two sureties of the like amount each to the satisfaction of the

          learned District and Additional Sessions Judge-1st–cum-Special

          Judge SC/ST (P.O.A.) Act in connection with SC/ST Buxar P.S.

          Case No. 13 of 2025.

                       (i) one of the bailor should be the family

          member/relative of the appellant who shall provide official

          document (Aadhar Card/Voter Id/Driving License/Pan Card) to

          show his/her bona fide;

                       (ii) the appellant shall be appearing before the Police

          Station as and when required for cooperating in the

          investigation;

                       (iii) the appellant shall appear on each and every date

          before the Trial Court and failure to do so for two consecutive
            Patna High Court CR. APP (SJ) No.3504 of 2025(4) dt.23-02-2026
                                                         4/4




                      dates without plausible reason will entail cancellation of his/her

                      bail bond by the Trial Court itself;

                                   (iv) the appellant shall appear before the concerned

                      police station every month for next six months to mark his

                      attendance and at the end of the period a certificate be submitted

                      before the Trial Court failing which the State shall be at liberty

                      to take steps for cancellation of bail bonds;

                                   (v) the appellant shall in no way try to induce or

                      promise or threat the witnesses or tamper with the evidences,

                      failing which the State shall be at liberty to take steps for

                      cancellation of the bail bonds;

                                   (vi) the appellant shall desist from committing any

                      criminal offence again, failing which the State shall be at liberty

                      to take steps for cancellation of bail bonds.



                                                     (Rajiv Roy, J)
vinayak/-

U


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.